ALCOHOL AND GAMING COMMISSION OF ONTARIO
IN THE MATTER OF The:
Liquor Licence Act, R.S.O. 1990, c. L.19, as amended
B E T W E E N:
Registrar, Alcohol and Gaming Commission Ontario
Registrar
-and-
Long Thanh Nguyen
Licensee
DECISION
Panel: Allan Higdon, Member Dianne Axmith, Member
Decision Date: June 29, 2007
Hearing Location: Toronto, Ontario
Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 300 Toronto ON M2N 0A4 Phone (416) 326-0366 Fax (416) 326-5566 Website: www.agco.gov.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Joyce Taylor, Representative
Long Thanh Nguyen, Licensee ) Chung Calvin Huong, Representative
A hearing into a Notice of Proposal dated January 29, 2007 to revoke liquor license number 802424 issued to Long Thanh Nguyen and operating as Angel, 1163 Bloor Street West, Toronto, Ontario, M6H 1M9 on the basis of alleged violations of clause 6(2)(d) and subsection 30.1(1) of the Liquor Licence Act (LLA) and subsections 45(1) and 50(c) of Ontario Revised Regulation 719/90 (O.Reg) made pursuant to the LLA, was held on June 5, 2007 in the City of Toronto.
On consent of Licensee’s Representative, the Board agreed to a motion by Registrar’s Representative to include an additional Notice of Proposal dated June 4, 2007 to revoke licence number 802424 issued to Long Thanh Nguyen and operating as Angel, 1163 Bloor Street West, Toronto, Ontario, M6H 1M9 on the basis of alleged violations of subsections 45(1), 25(1), 29 and 16(1) of O. Reg.
Joyce Taylor, Registrar’s Representative, and Chung Calvin Huong, Licensee’s Representative submitted an Agreed Statement of Facts (Exhibit #1) and Joint Submission on Disposition (Exhibit #2) which form part of this decision. It was agreed and admitted that:
(a) On October 15, 2006, a patron was attacked and injured with sword or machete in the establishment and a fight ensued. The patron’s friends stopped the fight. The staff did not assist the patron, did not call the police or any other emergency service, but instead tried to conceal the attack by attempting to clean the premises, thereby destroying evidence of what took place during the attack.
(b) On October 20, 2006 police officers visited the licensed premises and found that the Fetal Alcohol Spectrum Disorder warning sign was not posted while liquor was being offered for sale in the establishment.
(c) On April 9, 2007 a liquor inspector visited the licensed premises at approximately 2:54 a.m. and found that patrons were still consuming liquor.
Based on the Agreed Statement of Facts, the Board found the Licensee breached section 30.1(1) of the LLA and subsections 29 and 45(1) of O. Reg. The Board accepted the withdrawal of the remaining allegations.
The parties advised the Board that the Licensee has entered into an agreement to sell the business and intends to cease his involvement in the business of selling and serving liquor. The Licensee has given undertakings to the Registrar that, if the proposed sale of the business and transfer of the licence is not completed, the licence will be surrendered.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral order that the liquor licence issued to Long Thanh Nguyen and operating as Angel, 1163 Bloor Street West, Toronto, Ontario, M6H 1M9, licence number 802424, be suspended for THIRTY (30) consecutive days to COMMENCE at 11:00 a.m. on August 1, 2007, and CONTINUE until 2:00 a.m. on August 31, 2007.
FURTHER, the Board ORDERS the following condition shall be attached to the liquor licence:
“The licensee shall have at least one readily identifiable security person in the licensed premises every Friday and every Saturday night from 10:30 p.m. until closing.”
DATED AT TORONTO THIS 29th DAY OF JUNE 2007.
DIANNE AXMITH, MEMBER ALLAN HIGDON, MEMBER
DA/mw
Attached.
IN THE MATTER OF THE LIQUOR LICENCE ACT
R.S.O. 1990,c.L.19,s. 15(1) AND 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE OF LONG THANH NGUYEN OPERATING AS ANGEL, 1163 BLOOR STREET WEST, TORONTO,
LICENCE NUMBER 802424
AGREED STATEMENT OF FACTS
The Licensee, who has been advised by counsel, agrees with Registrar’s counsel to the following facts in relation to the Notice of Proposal to Revoke a Licence dated January 29, 2007 and the Notice of Proposal to Revoke a Licence dated June 4, 2007.
On October 15, 2006, a patron was attacked and injured with sword or machete in the establishment and a fight ensued. The patron’s friends stopped the fight. The staff did not assist the patron, did not call the police or any other emergency service, but instead tried to conceal the attack by attempting to clean the premises, thereby destroying evidence of what took place during the attack.
On October 20, 2006 police officers visited the licensed premises and found that the Fetal Alcohol Spectrum Disorder warning sign was not posted while liquor was being offered for sale in the establishment.
On April 9, 2007 a liquor inspector visited the licensed premises at approximately 2:54 a.m. and found that patrons were still consuming liquor.
Based on the above-mentioned facts the Licence Holder admits to having breached section 30.1(1) of the Liquor Licence Act and sections 29 and 45 (1) of Ontario Regulation 719/90 enacted pursuant to the Liquor Licence Act.
The licensee has entered into an agreement to sell the establishment to Thuy Ngoc Nguyen and is intending to cease involvement in the business of selling and serving liquor.
JOINT SUBMISSION ON DISPOSITION
Whereas this Licensee has no prior adverse record before the Board.
The Licensee, who has been advised by counsel, jointly submits with Registrar’s counsel that the following disposition is appropriate in the circumstances:
There shall be a thirty (30) day suspension of liquor licence 802424 to be served on dates to be provided to the Manager of Hearings Section of the Alcohol & Gaming Commission of Ontario, 90 Sheppard Avenue East, Suite 300, Toronto, Ontario, M2N 0A4, fax 416-326-5566 within seven (7) days of today’s date, failing which the Board shall select the dates of the suspension without further consultation with the Licensee. The suspension cannot commence for at least 20 days following notification and shall be completed within 90 days today’s date.
The licensee shall not have any involvement in any business holding any kind of liquor licence from the date of transfer or surrender of this licence until June 30, 2009.
In the event that the transfer of liquor licence 802424to Thuy Ngoc Nguyen is refused or withdrawn, and if a new application to transfer liquor licence 802424 is not submitted within one month from the date of refusal or withdrawal (as the case may be), then Long Thanh Nguyen shall surrender liquor licence 802424 forthwith. If this new application to transfer liquor licence 802424 is refused or withdrawn, then Long Thanh Nguyen shall surrender liquor licence 802424 forthwith.
The following condition shall be attached to liquor licence 802424:
(a) The licensee shall have at least one readily identifiable security person in the licensed premises every Friday and every Saturday night from 10:30 p.m. until closing.
Should the Board find the facts set out in the Agreed Statement of Facts and order the sanction set out in this Joint Submission on Disposition, the Registrar shall withdraw all remaining allegations set out in the Notices of Proposal to Revoke a Licence dated January 29, 2007 and June 4, 2007.
Respectfully submitted the 5th day of June, 2007.
Chung Calvin Huong Joyce A. Taylor
Counsel for the Licensee Registrar’s Counsel